PUBLIC HEALTH (SHIPS) (JERSEY) ORDER 1971

Transcription

1 PUBLIC HEALTH (SHIPS) (JERSEY) ORDER 1971 Revised Edition Showing the law as at 1 January 2016 This is a revised edition of the law

2

3 Public Health (Ships) (Jersey) Order 1971 Arrangement PUBLIC HEALTH (SHIPS) (JERSEY) ORDER 1971 Arrangement Article PART 1 7 GENERAL 7 1 Interpretation List of infected areas PART 2 11 INCOMING SHIPS 11 3 Inspection of ships Examination of persons on ships Powers in respect of certain persons and ships Supply of information by masters Notification of infectious disease on board Signals Maritime declaration of health Restriction on boarding or leaving ships Deratting certificates and deratting exemption certificates Detention of ships, and ships to be taken to mooring stations Persons from infected areas Removal of infected persons from ships when required by master Additional measures Revised Edition 1 January 2016 Page - 3

4 Arrangement Public Health (Ships) (Jersey) Order 1971 PART 3 18 OUTGOING SHIPS Examination of persons proposing to embark Outbreak in Jersey of diseases subject to the International Health Regulations PART 4 19 MISCELLANEOUS Compliance with directions under this Order Surveillance Charges for services Recovery of charges Saving for mails Saving for ships unwilling to comply with this Order Citation Page - 4 Revised Edition 1 January 2016

5 Public Health (Ships) (Jersey) Order 1971 Arrangement SCHEDULE 1 23 INTERNATIONAL CODE OF SIGNALS 23 PRATIQUE MESSAGES 23 SCHEDULE 2 24 PUBLIC HEALTH (SHIPS) (JERSEY) ORDER MARITIME DECLARATION OF HEALTH 24 SCHEDULE TO THE DECLARATION 26 PARTICULARS OF EVERY CASE OF ILLNESS OR DEATH OCCURRING ON BOARD 26 SCHEDULE 3 27 DERATTING CERTIFICATE (A) CERTIFICAT DE DERATISATION (A) 27 DERATTING EXEMPTION CERTIFICATE (A) CERTIFICAT D EXEMPTION DE LA DERATISATION (A) 27 SCHEDULE 4 30 ADDITIONAL MEASURES WITH RESPECT TO THE DISEASES SUBJECT TO THE INTERNATIONAL HEALTH REGULATIONS 30 PART 1 30 PLAGUE 30 A. Infected ships and suspected ships B. Ships which have been in infected areas PART 2 31 CHOLERA 31 Infected ships and suspected ships PART 3 31 YELLOW FEVER 31 Infected ships, suspected ships, and ships which have been in infected areas PART 4 32 SMALLPOX 32 A. Infected ships B. Suspects on other ships Revised Edition 1 January 2016 Page - 5

6 Arrangement Public Health (Ships) (Jersey) Order 1971 SCHEDULE 5 33 INTERNATIONAL CERTIFICATE OF VACCINATION OR REVACCINATION AGAINST SMALLPOX 33 Supporting Documents ENDNOTES 36 Table of Legislation History Table of Renumbered Provisions Table of Endnote References Page - 6 Revised Edition 1 January 2016

7 Public Health (Ships) (Jersey) Order 1971 Article 1 PUBLIC HEALTH (SHIPS) (JERSEY) ORDER THE HEALTH AND SOCIAL SERVICES COMMITTEE in pursuance of Article 2 of the Public Health (Vessels and Aircraft) (Jersey) Law 1950, 2 and after consultation with the Harbours and Airport Committee, orders as follows Commencement [see endnotes] PART 1 GENERAL 1 Interpretation (1) In this Order unless the context otherwise requires additional measures means such of the additional measures specified in Schedule 4 with respect to the diseases subject to the International Health Regulations as are appropriate; aliens officer means an Immigration Officer appointed under paragraph (1) of Schedule 2 to the Immigration Act 1971 of the United Kingdom, as applied by the Immigration (Jersey) Order 1993; 3 approved port means the port of St. Helier or a port outside Jersey approved in accordance with Article 17(1) of the International Health Regulations for the issue of Deratting Exemption Certificates only; authorized officer means the medical officer or any other officer authorized by the Minister to enforce and execute any of the provisions of this Order; baggage means the personal effects of a traveller or of a member of the crew; crew means the personnel of a ship who are employed for duties on board; day means a period of 24 hours; Revised Edition 1 January 2016 Page - 7

8 Article 1 Public Health (Ships) (Jersey) Order 1971 Deratting Certificate means a certificate issued in accordance with Article 54 of the International Health Regulations; Deratting Exemption Certificate means a certificate issued in accordance with Article 54 of the International Health Regulations; designated approved port means an approved port designated in accordance with Article 17(2) of the International Health Regulations for the issue of both Deratting Certificates and Deratting Exemption Certificates; disease subject to the International Health Regulations means cholera, including cholera due to the El Tor vibrio, plague, smallpox, including variola minor (alastrim), and yellow fever; disinsecting means the operation in which measures are taken to kill the insect vectors of human disease; epidemic means an extension of a disease subject to the International Health Regulations by a multiplication of cases in an area; excepted area means all the territory of Belgium, Metropolitan France, Greece, the Republic of Ireland, Italy, Luxembourg, the Netherlands, Spain and the United Kingdom, the Channel Islands and the Isle of Man; excepted port means any port in the excepted area; foreign port means a port or other coastal place situated elsewhere than in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland; free pratique means permission for a ship to disembark and commence operation; harbour master means the Harbour Master within the meaning of the Harbours (Administration) (Jersey) Law and includes a person acting under that Law as the Harbour Master; harbour officer means the Harbour Master or any person appointed under Article 2 of the Harbours (Administration) (Jersey) Law 1961; infected area means an area notified as such by the World Health Organisation under Article 11 of the International Health Regulations and which has not been subsequently notified by that organisation as being free from infection; infected person means a person who is suffering from a disease subject to the International Health Regulations or who is considered by the medical officer to be infected with such a disease; infected ship means a ship which has on board on arrival a case of a disease subject to the International Health Regulations; a ship on which a plague-infected rodent is found on arrival; or (c) a ship which has had on board during its voyage (i) a case of human plague which developed more than 6 days after the embarkation of the person affected, or Page - 8 Revised Edition 1 January 2016

9 Public Health (Ships) (Jersey) Order 1971 Article 1 (ii) (iii) a case of cholera which developed within 5 days before arrival, or a case of yellow fever or smallpox, and which has not before arrival been subjected in respect of such case to appropriate measures equivalent to those provided for in this Order; infectious disease means a disease subject to the International Health Regulations or any other infectious or contagious disease other than venereal disease or tuberculosis; International Health Regulations means the International Health Regulations adopted by the 22nd World Health Assembly in 1969, as amended by the 26th World Health Assembly in 1973; isolation, when applied to a person or group of persons, means the separation of that person or group of persons from other persons, except the health staff on duty, in such a manner as to prevent the spreading of infection; Maritime Declaration of Health means a declaration in the form set out in Schedule 2; master means the person for the time being in charge of or in command of a ship; medical officer means the Medical Officer of Health (Inspecteur Médical) appointed under Article 10 of the Loi (1934) sur la Santé Publique, 5 or a duly qualified medical practitioner acting under the Medical Officer s direction for the purpose of executing this Order or any of the provisions thereof; mooring station means a place specified by the Minister, with the consent of the Minister for Economic Development, Tourism, Sport and Culture, for the mooring of ships for medical inspection so that they do not come into contact with other ships or the shore; ship includes a hovercraft, or any other vessel used in navigation; suspect means a person, not being an infected person, who is considered by the medical officer as having been exposed to infection by a disease subject to the International Health Regulations and is considered capable of spreading that disease; suspected ship means (c) a ship which, not having on board on arrival a case of human plague, has had on board during the voyage a case of that disease which developed within 6 days of the embarkation of the person affected; a ship on which there is evidence of abnormal mortality among rodents, the cause of which is unknown on arrival; a ship which has had on board during the voyage a case of cholera which developed more than 5 days before arrival; Revised Edition 1 January 2016 Page - 9

10 Article 2 Public Health (Ships) (Jersey) Order 1971 (d) a ship which left within 6 days before arrival an area infected with yellow fever: Provided that a ship to which paragraph or (c) applies shall not be deemed to be a suspected ship if in respect of such case of human plague or cholera, as the case may be, the ship has before arrival been subjected to appropriate measures equivalent to those provided for in this Order; valid in relation to a Deratting Certificate or Deratting Exemption Certificate issued for a ship, means issued not more than 6 months before the production of the Certificate to the medical officer; valid International Vaccination Certificate means a certificate of vaccination or revaccination against smallpox which is in the form laid down and conforms with the rules of validity contained in Schedule 5. 6 (2) For the purposes of this Order, a ship shall not be deemed to have been in an infected area, if, without having itself been in contact with the shore, it has landed there only mail, passengers and baggage, or has taken on board there only mail, fuel, water or stores or passengers, with or without baggage, who have not themselves been in contact either with the shore or with any person from the shore. (3) Without prejudice to any enactment or rule of law which applies in relation to Her Majesty s armed forces or to any of the other armed forces hereinafter mentioned as part thereof, nothing in this Order shall apply to any ship forming part of Her Majesty s armed forces or of the armed forces of any country within the Commonwealth or of the armed forces of any other country for the time being designated for the purposes of all the provisions of the Visiting Forces Act 1952 of the United Kingdom following section 1(2) thereof, or to the officers and crew of any such ship. 2 List of infected areas (1) The medical officer shall from time to time prepare and keep up to date a list of ports and other areas which are infected or believed to be infected with a disease subject to the International Health Regulations or which may serve other places or areas so infected or believed to be so infected. (2) The medical officer shall supply copies of every such list and any amendment thereof to the harbour master. (3) In preparing and amending the said list the medical officer shall take into account all information sent to the medical officer from time to time by the Secretary of State for Social Services of the United Kingdom or issued by the World Health Organization. Page - 10 Revised Edition 1 January 2016

11 Public Health (Ships) (Jersey) Order 1971 Article 3 PART 2 INCOMING SHIPS 3 Inspection of ships (1) The medical officer may, for the purposes of this Order inspect any ship on arrival or already in Jersey. (2) The medical officer shall inspect on arrival any ship in respect of which the master has sent to the harbour master a message or notification under Article 8; and any ship already in Jersey when the medical officer has reasonable grounds for believing that there is on board a case or suspected case of infectious disease. 4 Any authorized officer may for the purposes of this Order require a ship on arrival or already in Jersey to be brought to, and if necessary moored or anchored at, some safe and convenient place for the purpose of medical inspection. 5 Examination of persons on ships (1) The medical officer may, and if so requested by the master or required by the Minister shall, examine any person on board a ship on arrival or already in Jersey when there are reasonable grounds for suspecting that (c) the person is suffering from an infectious disease; the person has been exposed to infection from an infectious disease; the person is verminous. (2) The medical officer may (c) (d) detain any such person for such examination either upon the ship or at some place on shore appointed for the purpose; require the clothing and other articles belonging to any person so examined to be disinfected and, where necessary, disinsected, and any person found to be verminous to be disinsected; except as provided in Article 25, prohibit any person so examined from leaving the ship, or permit the person to leave it on such conditions and subject to the taking of such measures, pursuant to this Order, as the medical officer considers reasonably necessary for preventing the spread of infection; and require the master to take or assist in taking such steps as in the opinion of the medical officer are reasonably necessary for preventing the spread of infection, for disinsection and the destruction of vermin, and for the removal of conditions on the Revised Edition 1 January 2016 Page - 11

12 Article 6 Public Health (Ships) (Jersey) Order 1971 ship likely to convey infection, including conditions the existence of which might facilitate the harbouring of insects or vermin. (3) On the arrival of any ship which during its voyage has been in a foreign port other than an excepted port the medical officer or other authorized officer may, and if so required by the Minister shall, require any person on board or disembarking from the ship to produce a valid International Vaccination Certificate. (4) An aliens officer may detain until the arrival of the medical officer or for 3 hours, whichever is the shorter period, any such person who has been required to produce such a certificate and is unable to do so. (5) Where any person fails to satisfy the medical officer that the person possesses such a certificate, the medical officer may detain the person for examination at a place appointed for that purpose, and may apply in the person s case the additional measures mentioned in Part 2 of Schedule 4 and in paragraphs (1) and (2) of Part 4 of Schedule 4. (6) The powers conferred by paragraphs (3), (4) and (5) shall not be exercised in respect of any person on board a ship arriving from an excepted port unless the Minister has directed, or the medical officer is satisfied, that the exercise of this power is necessary on account of danger to public health. (7) Nothing in this Article shall be deemed to authorize the use of a ship for the isolation of a person who is suffering from, or had been exposed to infection from, an infectious disease unless such isolation can be effected without delaying or unduly interfering with the movements of the ship. 6 Powers in respect of certain persons and ships (1) Where there is, or the medical officer suspects that there is, on board a ship on arrival or already in Jersey, a person suffering from an infectious disease or tuberculosis, the medical officer may in the case of an infectious disease, cause such person to be removed from the ship and isolated or sent to a hospital or to some other suitable place approved for that purpose by the Minister, as may be appropriate, or, except as provided in Article 25, the medical officer may, by notice in writing to the master, prohibit the removal of the person or the person s disembarking from the ship without the consent in writing of the medical officer; in the case of tuberculosis, if the person disembarks, send information to that effect to the medical officer of health for the area in which the intended destination and address of the person is situated. (2) Where the Minister is satisfied that a grave danger to public health exists by reason of infectious disease and notifies the medical officer accordingly, the medical officer may, and if the Minister so directs shall, require a person disembarking from a ship to state in writing the person s name, address and intended destination. Page - 12 Revised Edition 1 January 2016

13 Public Health (Ships) (Jersey) Order 1971 Article 7 7 Supply of information by masters The master of a ship on arrival or already in Jersey shall (c) answer all questions as to the health conditions on board which may be put to the ship s master by a harbour officer or an authorized officer and furnish any such officer with all such information and assistance as the officer may reasonably require for the purposes of this Order; notify the medical officer immediately of any circumstances on board which are likely to cause the spread of infectious disease, including in the master of the ship s notification particulars as to the sanitary condition of the ship and the presence of rodents, or mortality or sickness among rodents, on the ship; comply with the provisions of this Order, and with any directions or requirements of an authorized officer given or made for the purposes of this Order. 8 Notification of infectious disease on board (1) When there is on board a ship before arrival a person who is suffering from an infectious disease or who has symptoms which may indicate the presence of infectious disease which require a positive answer to any question relating to health in the Maritime Declaration of Health set out in Schedule 2, or when there are on board a ship before arrival any other similar circumstances requiring the attention of the medical officer, the master shall if the ship is equipped with a suitable radio transmitting apparatus, send before arrival, either directly to the harbour master or through an agent approved by the Minister a radio message complying with paragraph (2); if the ship is not so equipped, notify the harbour master, whenever practicable before arrival and otherwise immediately on arrival, of the presence on board of such infectious disease, symptoms or other similar circumstances. (2) Any radio message sent for the purpose of this Article shall be sent so as to reach the harbour master not more than 12 hours, and whenever practicable not less than 4 hours, before the expected arrival of the ship; if it is in code, conform with Part VIII of the International Code of Signals as reproduced in Schedule 1. 9 Signals (1) The master of a ship which is due to arrive in Jersey from a foreign port, or of a ship which has proceeded from a port in the United Kingdom and which has met a ship which has proceeded from a foreign port other than an excepted port shall, when the ship comes within Jersey show or give between sunrise and sunset the appropriate day signal set out in Part VIII Revised Edition 1 January 2016 Page - 13

14 Article 10 Public Health (Ships) (Jersey) Order 1971 of the International Code of Signals as reproduced in Schedule 1 and between sunset and sunrise the night signal set out in that Schedule: Provided that the master of a ship engaged in regular packet-boat or excursion traffic with a port in France, Belgium or the Netherlands shall not be required to give or show any such signal unless it has met a ship which has proceeded from a foreign port other than an excepted port. (2) The signal required by paragraph (1) shall continue to be shown or given until the ship is granted free pratique in writing by a harbour officer. 10 Maritime declaration of health (1) Subject to the provisions of this Article, on the arrival of a ship which during its voyage has been in a foreign port, or of a ship which has proceeded from an expected port and which has met a ship which has proceeded from a foreign port other than an expected port, the master shall complete a Maritime Declaration of Health in the form set out in Schedule 2 which shall be countersigned by the ship s surgeon if one is carried: Provided that in the case of a ship which during its voyage has not been in a foreign port other than an excepted port, and has not during the voyage met a ship which has proceeded from a foreign port outside the excepted area, the master shall not be bound to comply with the provisions of this Article unless the master has been notified by the medical officer that compliance with those provisions is necessary on account of danger to public health. (2) The master shall deliver the Declaration to a harbour officer or authorized officer, whoever first boards the ship. (3) If an authorized officer detains the ship under the provisions of this Order and the authorized officer requires a copy of the Declaration, the medical officer shall furnish the authorized officer with a copy. 11 Restriction on boarding or leaving ships (1) On the arrival of a ship from any foreign port or from any infected area, or of a ship which has proceeded from an excepted port and which has met a ship which has proceeded from a foreign port other than an excepted port, no person other than a pilot, a harbour officer, an aliens officer or an authorized officer shall, without the permission of the medical officer, board or leave the ship until free pratique has been granted, and the master shall take all steps necessary to secure compliance with this provision. (2) Before granting permission to a person to leave the ship, the medical officer may require the person to state his or her name and intended destination and address, and to give any other information which the medical officer may think necessary for transmission to the medical officer of health for the area in which the intended destination of the person is situated. Page - 14 Revised Edition 1 January 2016

15 Public Health (Ships) (Jersey) Order 1971 Article 12 (3) If such a person cannot state his or her intended destination and address or arrives, within a period, not exceeding 14 days after landing, to be specified to the person by the medical officer, at an address other than that which the person has so stated, the person shall immediately after arrival forward particulars thereof to the medical officer. 12 Deratting certificates and deratting exemption certificates (1) If the master of a ship which during its voyage has been in a foreign port cannot produce to the medical officer or other authorized officer a valid Deratting Certificate or Deratting Exemption Certificate in respect of the ship in the form set out in Schedule 3, the medical officer or other authorized officer shall cause the ship to be inspected to ascertain whether it is kept in such a condition that it is free of rodents and the plague vector. (2) If, after the ship has been inspected, the medical officer or other authorized officer is satisfied that the ship is free from rodents and the plague vector, the officer shall issue a Deratting Exemption Certificate. (3) If, after the ship has been so inspected the medical officer or other authorized officer is not so satisfied, the officer shall direct the ship to proceed at its own risk to the nearest designated approved port convenient to the ship for deratting. (4) If the master produces a Deratting Certificate or a Deratting Exemption Certificate, but the medical officer or other authorized officer has evidence that the deratting was not satisfactorily completed, the medical officer or other authorized officer may, notwithstanding such Certificate, exercise in relation to the ship the officer s powers under paragraph (3). 13 Upon receipt of an application in writing from the owner of a ship or from the master acting for and on behalf of the owner, for a Deratting Exemption Certificate in respect of the ship, the medical officer or other authorized officer shall take any steps which the officer considers necessary to satisfy the officer that the ship is kept in such a condition that it is free of rodents and the plague vector, and, on being satisfied as to the condition of the ship the officer shall issue the appropriate Certificate. 14 (1) Every Deratting Certificate and Deratting Exemption Certificate shall be in the form set out in Schedule 3. (2) A copy of every such Certificate issued in pursuance of Articles 12 and 13 shall be retained by the medical officer. (3) The owner or master of a ship shall pay to the Minister such charge as the Minister may from time to time determine for the inspection of the ship for the purposes of Article 13 or 14. Revised Edition 1 January 2016 Page - 15

16 Article 15 Public Health (Ships) (Jersey) Order Detention of ships, and ships to be taken to mooring stations (1) On the arrival of an infected ship or a suspected ship, or any other ship on which there has been, during its current voyage and within the last 4 weeks before arrival, a case of a disease subject to the International Health Regulations in respect of which the ship has not, outside Jersey been subjected to appropriate measures equivalent to those provided for in this Order the master shall take it to a mooring station unless an authorized officer otherwise allows or directs. (2) When the medical officer has reason to believe that a ship on arrival may be one to which paragraph (1) applies, the medical officer may direct the master to take it to a mooring station or to such other place as the medical officer considers desirable. 16 The medical officer may for the purposes of this Order direct that any ship from a foreign port shall on arrival be taken to a mooring station for medical inspection, and the medical officer may, if a harbour officer is to be the first officer to board the ship, give a notice in writing of such direction to the harbour officer, who shall deliver the notice to the master. 17 Where on the arrival of a ship from a foreign port it appears to a harbour officer, from information in the Maritime Declaration of Health or otherwise, that the ship has during its voyage been in an infected area; or is one to which Article 15(1) applies, the harbour officer shall direct the master to take it to a mooring station for detention there unless an authorized officer otherwise allows or directs. 18 If, after arrival of a ship, a case of a disease subject to the International Health Regulations occurs on board, or plague-infected rodents are discovered or suspected on board, the medical officer may direct the master of the ship to take it to a mooring station. 19 A ship which has been taken to a mooring station or directed there by a medical officer shall remain there until it has been inspected by the medical officer. 20 The medical officer may detain, or give notice in writing to a harbour officer to detain, any ship for medical inspection at its place of mooring, not being a mooring station, or at its place of discharge or loading. Page - 16 Revised Edition 1 January 2016

17 Public Health (Ships) (Jersey) Order 1971 Article The detention of a ship by a harbour officer under this Order shall cease as soon as the ship has been inspected by the medical officer or, if such inspection has not commenced within 12 hours after the ship has been so detained, on the expiration of that period: Provided that nothing in this Article shall affect the power of the medical officer to continue the detention of a ship in accordance with Article (1) The medical officer shall inspect any ship and the persons on board as soon as possible after it has been taken or directed to a mooring station or after it has been detained under this Order. (2) If the ship is one to which the medical officer is required to apply any further measure under this Order or the additional measures set out in Schedule 4 or if after such inspection the medical officer considers it necessary to apply any such further or additional measures the medical officer may detain the ship at the mooring station or at such other place as the medical officer considers desirable, or continue the detention, as the case may be, if such detention or continued detention is necessary for the application of such further or additional measures. 23 The medical officer may require the master of a ship which has been taken or directed to a mooring station or detained because plague-infected rodents have been discovered or there are reasonable grounds for suspecting that such rodents are on board to take all practicable measures to prevent escape of rodents from the ship. 24 Persons from infected areas On the arrival of a ship the medical officer may place under surveillance for the appropriate period specified in Article 30(1) any person disembarking from the ship who has come from an infected area other than an area infected with yellow fever or plague; and any suspect disembarking from the ship who has come from an area infected with yellow fever or plague. 25 Removal of infected persons from ships when required by master The medical officer shall, if so required by the master of a ship on arrival, cause any infected person to be removed from the ship. Revised Edition 1 January 2016 Page - 17

18 Article 26 Public Health (Ships) (Jersey) Order Additional measures Without prejudice to any other provisions in this Order the additional measures set out in Schedule 4 shall be applicable on the arrival of (c) (d) any infected ship or suspected ship; any ship which has during its voyage been in an area infected with plague, cholera or yellow fever; any suspect for smallpox on a ship other than an infected ship; any other ship when the medical officer is satisfied that, notwithstanding that measures equivalent to such additional measures have been applied to the ship at a previous port during its voyage, there is on board or has been on board since such previous application an infected person or suspect and that it is necessary again to apply any such measure, or the medical officer has evidence that such previous application was not effective. PART 3 OUTGOING SHIPS 27 Examination of persons proposing to embark Where a ship is due to depart from Jersey, the medical officer (c) (d) may examine any person who proposes to embark thereon if the medical officer has reasonable grounds for believing the person to be suffering from a disease subject to the International Health Regulations, and, if after examination the medical officer is of the opinion that the person shows symptoms of such a disease, shall prohibit the person s embarkation and the time and place of this examination shall be arranged so as to take into account any other formalities and to avoid delay; shall prohibit any suspect from embarking thereon: Provided that in the case of smallpox a person shall not be prohibited from embarking if the person satisfies the medical officer that he or she is sufficiently protected by vaccination or by a previous attack of smallpox; shall notify by the most expeditious means the master and, also, the health authority for the place to which the person is proceeding of any person embarking or proposing to continue his or her voyage thereon who, in the opinion of the medical officer, should be placed under surveillance; notwithstanding the provisions of sub-paragraph may allow a person on an international voyage who, on arrival, was placed under surveillance to continue his or her voyage. The medical officer shall notify by the most expeditious means the health authority for the place to which the person is proceeding that such a person should, in the opinion of the medical officer, be placed under surveillance. 7 Page - 18 Revised Edition 1 January 2016

19 Public Health (Ships) (Jersey) Order 1971 Article Outbreak in Jersey of diseases subject to the International Health Regulations 8 Where the Minister has declared Jersey to be infected with a disease subject to the International Health Regulations or with any other disease which in his or her opinion constitutes a menace to other countries by reason of its spread or potential spread, then, until the declaration is withdrawn, the medical officer shall comply with any requirement which may be made by the Minister for preventing the spread of the disease, and in particular (but without prejudice to the generality of the foregoing provisions) the following provisions of this Article shall operate in relation to any ship departing from Jersey for a destination, whether final or intermediate, outside Jersey (c) (d) (e) (f) an authorized officer, if so required by the Minister, shall require a valid vaccination certificate from departing travellers. In the absence of such a certificate the medical officer may offer vaccination to any such traveller and may apply the provisions of Article 27(c); the medical officer may, and within 3 hours after receiving a request from the master so to do shall, medically examine any person who proposes to embark on or is on board the ship; the medical officer may require any part of the ship which in the medical officer s opinion may be infected to be cleansed and disinfected to the medical officer s satisfaction; an authorized officer shall inspect any clothing, bedding or other article which is on, or is intended to be taken by any person on the ship and which, in the opinion of the officer, may have been exposed to infection and may require the disinfection or destruction of any such clothing, bedding or article, and the master shall disclose to the authorized officer any relevant circumstances; no person shall take or cause to be taken on board the ship any article which, in the opinion of an authorized officer, is capable of carrying infection unless that officer is satisfied that it has been efficiently disinfected and, where necessary disinsected; if the disease in respect of which the declaration is made is the plague, and if there is reason to believe that there are rodents on the ship, the medical officer may, and if so required by the Minister shall, take steps to secure the deratting of the ship. PART 4 MISCELLANEOUS 29 Compliance with directions under this Order Every person to whom this Order applies shall comply with every direction, requirement or condition given, made or imposed by an authorized officer or a harbour officer pursuant to this Order and shall furnish all such information as that officer may reasonably require, including information as to the person s name and intended destination and address to which the person is going on Revised Edition 1 January 2016 Page - 19

20 Article 30 Public Health (Ships) (Jersey) Order 1971 leaving a ship, and every person who has for the time being the custody or charge of a child or other person who is under disability shall comply with any direction, requirement or condition so given, made or imposed, and shall furnish all such information as aforesaid in respect of that child or other person. 30 Surveillance (1) Where this Order permits a medical officer to place a person under surveillance, the period of such surveillance shall not exceed such of the following periods as may be appropriate (c) (d) in respect of plague, 6 days; in respect of cholera, 5 days; in respect of yellow fever, 6 days; in respect of smallpox, 14 days. (2) Where a person has been so placed under surveillance for plague, cholera or smallpox pursuant to Article 24 by reason of the person having come from an infected area, the period shall be reckoned from the date of the person leaving the infected area. (3) When a person has been so placed under surveillance pursuant to the additional measures set out in Schedule 4, the period shall be reckoned in the manner therein specified. 31 Every person who is placed under surveillance pursuant to this Order shall (c) (d) give facilities for any medical examination required by the medical officer; furnish all such information as the medical officer may reasonably require with a view to ascertaining the person s state of health; forthwith upon the arrival during the period of surveillance at any address other than the one stated as the person s intended address when placed under surveillance, send particulars of that address to the medical officer; if so instructed by the medical officer, report immediately to the medical officer, and thereafter during the period of surveillance at such intervals as the medical officer may require: Provided that an instruction shall not be given under this sub-paragraph except with the authority of the Minister. 32 Charges for services (1) Where the master of a ship is required by this Order to carry out any measures with a view to reducing the danger or preventing the spread of infection, the Minister may himself or herself, at the request of the master, cause any such requirement to be complied with at the Minister s cost instead of enforcing the requirement against the master. Page - 20 Revised Edition 1 January 2016

21 Public Health (Ships) (Jersey) Order 1971 Article 33 (2) The amount of the charge for any such measures or requirement undertaken by the Minister shall be such reasonable sum as represents the actual or estimated cost to be incurred in undertaking the work excluding any charge or claim on the part of the Minister in respect of profit, but shall not exceed the sum of 200 unless notice of the proposed charge has been given to the master before the work is undertaken. (3) Where under this Article the Minister causes any requirement to be complied with at the cost of the master the Minister may require the amount of the charge for the work or a part thereof to be paid to, or deposited with it, before the work is undertaken. (4) Where, pursuant to this Order any measures have been taken with regard to a ship, the Minister or the medical officer shall, on the request of the master, furnish the master free of charge with particulars in writing of those measures and the reasons why they were taken. (5) Where, pursuant to this Order, any measures have been taken with regard to any person or to any articles in the person s possession, the medical officer shall, on request by such person, furnish the person free of charge with particulars in writing of those measures, including the date on which they were taken. 33 Recovery of charges Every charge authorized by Article 14 or 32 shall be recoverable as a civil debt to the States, and proceedings for the recovery thereof may be instituted by the Treasurer of the States either in term or in vacation. 34 Saving for mails Nothing in this Order shall render liable to detention, disinfection or destruction any article forming part of any mail conveyed under the authority of the Chief Minister or of the postal administration of any other Government or shall prejudicially affect the receipt on board and delivery in due course at the place of destination of any such mail in accordance with the provisions of the Post Office Act 1953 of the United Kingdom as amended by Part II of Schedule 4 to the Post Office Act 1969 of the United Kingdom Saving for ships unwilling to comply with this Order (1) The master of a ship on arrival, or already in Jersey, who is unwilling to comply with, or submit to, any provision of, or requirement made under, this Order which may be applicable shall so notify the medical officer, and the medical officer may then require the master to remove the ship immediately from Jersey. (2) If before leaving Jersey the master wishes to discharge cargo or disembark passengers or to take on board fuel, water or stores, the medical officer shall permit the master to do so, but may impose such conditions pursuant to this Order as the medical officer considers necessary. Revised Edition 1 January 2016 Page - 21

22 Article 36 Public Health (Ships) (Jersey) Order Citation This Order may be cited as the Public Health (Ships) (Jersey) Order Page - 22 Revised Edition 1 January 2016

23 Public Health (Ships) (Jersey) Order 1971 SCHEDULE 1 SCHEDULE 1 (Article 9) INTERNATIONAL CODE OF SIGNALS PRATIQUE MESSAGES ZS My vessel is healthy and I request free pratique. Q * I require health clearance. QQ ZT My Maritime Declaration of Health has negative answers to the 6 health questions. ZU ZV ZW ZX ZY ZZ My Maritime Declaration of Health has a positive answer to question(s)... (indicated by appropriate number(s)). I believe I have been in an infected area during the last 30 days. I require Port Medical Officer ZWI Port Medical Officer will be available at (time indicated). You should make the appropriate pratique signal. You have pratique. You should proceed to anchorage for health clearance (at place indicated). ZZI Where is the anchorage for health clearance? I have a doctor on board. Have you a doctor? AL AM *By night, a red light over a white light may be shown, where it can best be seen, by vessels requiring health clearance. These lights should only be about 2 metres (6 feet) apart, should be exhibited within the precincts of a port, and should be visible all round the horizon as nearly as possible. Revised Edition 1 January 2016 Page - 23

24 SCHEDULE 2 Public Health (Ships) (Jersey) Order 1971 SCHEDULE 2 (Articles 1 and 10) PUBLIC HEALTH (SHIPS) (JERSEY) ORDER 1971 MARITIME DECLARATION OF HEALTH. Port of Arrival... Name of Ship... Nationality... From... Date Master s... To.... Name Net Registered Tonnage Deratting Certificate Deratting Certificate Number of Passengers Exemption Cabin... Deck... issued at... Dated No. of crew.... List of ports of call from commencement of voyage with dates of departure Health Questions Answer Yes or No 1. Has there been on board during the voyage* any case or suspected case of plague, cholera, yellow fever or smallpox? Give particulars in Schedule 2. Has plague occurred or been suspected amongst the rats or mice on board during the voyage,* or has there been an abnormal mortality among them? Page - 24 Revised Edition 1 January Has any person died on board during the voyage* otherwise than as a result of an accident? Give....

25 Public Health (Ships) (Jersey) Order 1971 SCHEDULE 2 particulars in Schedule. 4. Is there on board or has there been during the voyage* any case of disease which you suspect to be of an infectious nature? Give particulars in Schedule 5. Is there any sick person on board now? Give particulars in Schedule Note. In the absence of a surgeon, the Master should regard the following symptoms as ground for suspecting the existence of disease of an infectious nature; fever accompanied by prostration or persisting for several days, or attended with glandular swelling; or any acute skin rash or eruption with or without fever; severe diarrhoea with symptoms of collapse; jaundice accompanied by fever. 6. Are you aware of any other condition on board which may lead to infection or the spread of disease? I declare that the particulars and answers to the questions given in this Declaration of Health (including the Schedule) are true and correct to the best of my knowledge and belief. Signed... (Master) Countersigned... (Ship s Surgeon) Date... * If more than 4 weeks have elapsed since the voyage began, it will suffice to give particulars for the last 4 weeks. Revised Edition 1 January 2016 Page - 25

26 SCHEDULE 2 Public Health (Ships) (Jersey) Order 1971 SCHEDULE TO THE DECLARATION PARTICULARS OF EVERY CASE OF ILLNESS OR DEATH OCCURRING ON BOARD Page - 26 Revised Edition 1 January 2016

27 Public Health (Ships) (Jersey) Order 1971 SCHEDULE 3 SCHEDULE 3 (Article 12 and 14) DERATTING CERTIFICATE (A) CERTIFICAT DE DERATISATION (A) DERATTING EXEMPTION CERTIFICATE (A) CERTIFICAT D EXEMPTION DE LA DERATISATION (A) issued in accordance with Article 54 of the International Health Regulations 27accine conformément à l Article 54 du Règlement Sanitaire International. (Not to be taken away by Port Authorities.) (Ce 27accine27ate ne doit pas être 27accin par les autorités portuaires). Revised Edition 1 January 2016 Page - 27

28 SCHEDULE 3 Public Health (Ships) (Jersey) Order 1971 Page - 28 Revised Edition 1 January 2016

29 Public Health (Ships) (Jersey) Order 1971 SCHEDULE 3 Revised Edition 1 January 2016 Page - 29

30 SCHEDULE 4 Public Health (Ships) (Jersey) Order 1971 SCHEDULE 4 (Article 26) ADDITIONAL MEASURES WITH RESPECT TO THE DISEASES SUBJECT TO THE INTERNATIONAL HEALTH REGULATIONS PART 1 PLAGUE A. Infected ships and suspected ships (1) The medical officer may require any suspect on board to be disinsected and may place the suspect under surveillance, the period of surveillance being reckoned from the date of arrival of the ship; require the disinsecting and, if necessary, disinfection of the baggage of any infected person or suspect, and of any other article on board and any part of the ship which the medical officer considers to be contaminated. (2) If there is any rodent infected with plague on board the medical officer or other authorized officer shall require the ship to be deratted in a manner to be determined by the medical officer or authorized officer, but without prejudice to the generality of this requirement the following special provisions shall apply to any such deratting (c) the deratting shall be carried out as soon as the holds have been emptied or when they contain only ballast or other material, unattractive to rodents, of such a nature or so disposed as to make a thorough inspection of the holds possible. A Deratting Exemption Certificate may be issued for an oil tanker with full holds; one or more preliminary derattings of a ship with the cargo in situ, or during its unloading, may be carried out to prevent the escape of infected rodents; if the complete destruction of rodents cannot be secured because only part of the cargo is due to be unloaded, a ship shall not be prevented from unloading that part, but the medical officer or other authorized officer may apply any measure which the medical officer of authorized officer considers necessary to prevent the escape of infected rodents, including placing the ship in quarantine. (3) On arrival of a ship having on board a person suffering from pulmonary plague, or if there has been a case of pulmonary plague on board a ship within the period of 6 days before its arrival, the medical officer may carry out the measures set out in paragraph 1 of Part 1; Page - 30 Revised Edition 1 January 2016

31 Public Health (Ships) (Jersey) Order 1971 SCHEDULE 4 require any person on board to be placed in isolation for 6 days reckoned from the date of the last exposure to infection. B. Ships which have been in infected areas (4) The medical officer may (c) place under surveillance any suspect who disembarks; the period of surveillance being reckoned from the date of the departure of the ship from the infected area; regard as suspect any person not isolated for 6 days before departure from an area with an epidemic of pulmonary plague; require, in exceptional circumstances and for well founded reasons, the destruction of rodents on the ship and disinsecting, but the medical officer shall give the master notice in writing of the reasons for the requirement. PART 2 10 CHOLERA (Article 5(5)) Infected ships and suspected ships (1) The medical officer may place under surveillance any person who disembarks from a ship, the period of surveillance being reckoned from the date of disembarkation from the ship; shall be responsible for the supervision of the removal and safe disposal of any water, food (excluding cargo), human dejecta, waste water, including bilge water, waste matter, and any other matter which is considered to be contaminated, and shall be responsible for the disinfection of water tanks and food handling equipment. (2) Foodstuffs carried as cargo on board ships in which a case of cholera has occurred during the journey may not be subjected to bacteriological examination except by the health authorities of the country of final destination PART 3 YELLOW FEVER Revised Edition 1 January 2016 Page - 31

32 SCHEDULE 4 Public Health (Ships) (Jersey) Order 1971 Infected ships, suspected ships, and ships which have been in infected areas The medical officer may require the ship to be disinsected for the destruction of vectors of yellow fever which may be on board. PART 4 SMALLPOX (Article 5(5)) A. Infected ships (1) The medical officer shall offer vaccination to any person on board or disembarking from the ship who does not show sufficient evidence of protection by a previous attack of smallpox or who does not satisfy the medical officer that the person possesses a valid International Vaccination Certificate. (2) The medical officer may either place under surveillance any person who disembarks, the period of surveillance being reckoned from the date on which the medical officer considers the person was last exposed to infection; or if the medical officer considers any such person is not sufficiently protected against smallpox, isolate the person for a similar period. (3) The medical officer shall require the disinfection of the baggage of any infected person, and of any other article on board and any part of the ship which the medical officer considers to be contaminated. B. Suspects on other ships (4) The medical officer may also apply the provisions of paragraphs (1) and (2) to any suspect who disembarks from a ship which is not an infected ship. Page - 32 Revised Edition 1 January 2016

33 Public Health (Ships) (Jersey) Order 1971 SCHEDULE 5 SCHEDULE 5 11 (Article 1 and 5) INTERNATIONAL CERTIFICATE OF VACCINATION OR REVACCINATION AGAINST SMALLPOX CERTIFICAT INTERNATIONAL DE VACCINATION OU DE REVACCINATION CONTRE LE VARIOLE Date Show by x whether Indiquer par x s il s agit de : Signature and professional status of vaccinator Signature et titre du vaccinateur Manufactu rer and batch no. of vaccine Fabricant du 33accine et numéro du lot Approved stamp Cachet autorisé 1a Primary vaccination performed Primo vaccination effectuée 1a 1b Read as successful Prise Unsuccessful Pas de prise 1b 2 Revaccination 2 3 Revaccination 3 Revised Edition 1 January 2016 Page - 33